LANDLORD-TENANT FEES

Session: 103rd General Assembly
Year: 2024
Bill #: HB4865
Category: Public Health, Hospital Facilities and Nursing Homes
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Landlord and Tenant Act. Provides that a landlord, lessor, sublessor, or grantor may charge a fee or fees to reimburse costs associated with conducting a background check and credit check if the cumulative fee or fees for such checks are no more than the actual cost of the background check and credit check or $20, whichever is less. Allows this fee or fees if the potential tenant provides a copy of a background check or credit check conducted within the past 30 days. Prohibits a landlord from imposing a move-in fee that is in excess of the reasonable cost to the landlord of obtaining or providing the product or service for which the fee is imposed. Unless provided by law elsewhere, a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes as defined by Nursing Home Care Act or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy.



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